Entrapment Operations include Controlled Delivery.
Government anti-narcotics operatives arrested a woman after accepting some P1.4 million worth of shabu in a controlled delivery operation in Dasmariñas, Cavite.
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| 📷: By Manila Bulletin (MB). |
A woman was detained by government anti-drug agents after accepting P1.4 million worth of shabu in a controlled delivery operation in Dasmarias, Cavite.
The Philippine Drug Enforcement Agency (PDEA) reported that Georgette Elio, 24, a marketing officer, was arrested after receiving a parcel containing 200 grams of shabu along Indiana Street corner Miami Street, North 1, San Marino City Subdivision on Friday, Jan. 13 at around 6 p.m.
For a better understanding of the difference between instigation and entrapment, the following jurisprudence is reiterated:
x x x Instigation means luring the accused into a crime that he, otherwise, had no intention to commit, in order to prosecute him. On the other hand, entrapment is the employment of ways and means in order to trap or capture a lawbreaker.
Instigation presupposes that the criminal intent to commit an offense originated from the inducer and not the accused who had no intention to commit the crime and would not have committed it were it not for the initiatives by the inducer.
In entrapment, the criminal intent or design to commit the offense charged originates in the mind of the accused; the law enforcement officials merely facilitate the apprehension of the criminal by employing ruses and schemes. In instigation, the law enforcers act as active co-principals. Instigation leads to the acquittal of the accused, while entrapment does not bar prosecution and conviction.
[ G.R. No. 213918. June 27, 2018 ]
MARTIRES, J.
For a successful prosecution of illegal possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs under Section 12, Article II, R.A. No. 9165, the following elements must be established:
(1) possession or control by the accused of any equipment, apparatus or other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body; and (2) such possession is not authorized by law.
Note: Chain of custody; Presumption of innocence.
Note: Use of dangerous drugs is absorbed by illegal possession of drugs.
Note: The accused's intent to possess illegal drugs is a critical factor. READ: Explained; Desisyon ng Korte sa Drug Possession case ni Remulla III
What is controlled delivery?
Controlled Delivery– The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly form any offense, to pass into, through or out of the country under supervision of an authorized officer, with a view to gathering evidence to identify any person involved in an dangerous drug-related offense or to facilitate prosecution of that offense.
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-Atty Phil. Juris.
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